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Florida Statutes: 850-035-01 <br /> 334.044(7) PAVEMENT MANAGEMENT <br /> OGC-02115 <br /> Page 3 of 21 <br /> reimbursements. The final invoice shall be accompanied by a Notice of <br /> Completion, Exhibit "D". <br /> e. Supporting documentation must establish that the deliverables were received and <br /> accepted in writing by the Recipient and must also establish that the required <br /> minimum level of service to be performed based on the criteria for evaluating <br /> successful completion as specified in Exhibit"A" has been met. <br /> f. Payment shall be made only after receipt and approval of goods and services <br /> unless advance payments are authorized by the Chief Financial Officer of the <br /> State of Florida under Chapters 215 and 216, Florida Statutes. If the Department <br /> determines that the performance of the Recipient is unsatisfactory, the Department <br /> shall notify the Recipient of the deficiency to be corrected, which correction shall <br /> be made within a time frame to be specified by the Department. The Recipient <br /> shall, within five days after notice from the Department, provide the Department <br /> with a corrective action plan describing how the recipient will address all issues of <br /> contract non-performance, unacceptable performance, failure to meet the <br /> minimum performance levels, deliverables deficiencies, or contract non- <br /> compliance. If the corrective action plan is unacceptable to the Department, the <br /> Recipient shall be assessed a non-performance retainage equivalent to 10% of the <br /> total invoices amount. The retainage shall be applied to the invoice for the then- <br /> current billing period. The retainage shall be withheld until Recipient resolves the <br /> deficiency. If the deficiency is subsequently resolved, the Recipient may bill the <br /> Department for the retained amount during the next period. If the Recipient in <br /> unable to resolve the deficiency, the funds retained may be forfeited at the end of <br /> the Agreement's term. <br /> g. The Recipient should be aware of the following time frames. Upon receipt of an <br /> invoice, the Department has twenty (20) days to inspect and approve the goods <br /> and services. The Department has twenty (20) days to deliver a request for <br /> payment (voucher) to the Department of Financial Services. The twenty (20) days <br /> are measured from the latter of the date the invoice is received or the goods or <br /> services are received, inspected, and approved. If a payment is not available <br /> within forty (40) days, a separate interest penalty at a rate as established pursuant <br /> to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the <br /> invoice amount, to the Recipient. Interest penalties of less than one ($1.00) dollar <br /> will not be enforced unless the Recipient requests payment. Invoices which have <br /> to be returned to a Recipient because of Recipient preparation errors will result in <br /> a delay in the payment. The invoice payment requirements do not start until a <br /> properly completed invoice is provided to the Department. A Vendor Ombudsman <br /> has been established within the Department of Financial Services. The duties of <br /> this individual include acting as an advocate for entities who may be <br /> experiencing problems in obtaining timely payment(s) from a state Agency. <br /> 102 <br />